David Norris (Independent)

I move amendment No. 42:

In page 164, between lines 25 and 26, to insert the following:

"197.—Section 13 of the Criminal Law (Insanity) Act 2006 is amended—

(a) by the deletion of subsection (1), and

(b) by the renumbering accordingly, of subsections (2) to (10) as subsections (1) to (9).".

Senator Henry asked me to move this amendment on her behalf as she must catch an aeroplane. I previously seconded it. The amendment follows the Minister's acceptance of an amendment in the Dáil tabled by Deputy Ó Snodaigh. There was general agreement that giving permission to the Minister for Health and Children to designate certain prison centres as mental facilities was inappropriate. Having accepted the amendment, consequential changes should have flowed from it but did not. The subsection in question is, in any case, rendered redundant in light of Deputy Ó Snodaigh's amendment.

I was greatly facilitated by one of the Minister's advisers, who very helpfully gave me a copy of the principal Act. It may be helpful to put on the record the subsection being removed. Section 13(1) of the Criminal Law (Insanity) Act 2006 states, "Where a person is detained under this Act in a designated centre being a prison, the duties and powers conferred by this section and by section 14 of this Act on a clinical director shall be carried out by the governor of the prison on the advice of an approved medical officer". The subsection is rendered meaningless by the amendment accepted by the Minister in the other House. If my memory serves me correctly he indicated he might be in a position to accept an amendment of the kind tabled. I and Senator Henry would be grateful if that were the case.